Revolutionary War Pension and Bounty Land Warrant Application File R. 3,539, Cyrus Fillmore, Conn. New York

SERVICE
NUMBER
Conn. New York
Fillmore, Cyrus Fillmore or Jemima
R 3,539
CONTENTS
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New York 11. 481
Cyrus Gilmore of Erie in the State of New York who was a private in the Com't commanded by Captain Downs of the Brig commanded by Col Danel in the Conn't line for 2 years
Inscribed on the Roll of New York at the rate of 30 Dollars Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 day of May 1833 and sent to Gilmore Hall Buffalo N.Y. Arrears to the 14th March 1833. 160.00 Semi-ant. allowance ending 4 Sept 1833. 40.00 $200.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by George Taylor Clerk. Book 6 Vol. 4 Page 56

[Declaration of a Revolutionary Soldier who served in the REGULAR ARMY, to obtain a Pension under the Act of Congress, passed June 7, 1832.]
State of New York, } On this 27 th day of October 1832 personally appeared before the Hon. James Stryker, a Judge of Erie County, ss. } the the Court of Common Pleas, now sitting at Buffalo in said County, Cyrus Fillmore a resident of Fillmore in the County of Erie and State of New York, aforesaid, aged 71 years, who being first duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress, passed June 7, 1832, That he enlisted in the Army of the United States in the year 1776 with _____ and served in the _____ Regiment of the Continental line, under the following named officers:
He enlisted in the Month of February 1776 in the Town of Sharon in the State of Connecticut for one year in the Company commanded by Captain David Gwynn, in Colonel Burrells Regiment of the Continental Establishments. That he continued to serve in the same Company for one year and was discharged in Albany in the State of New York. That he again enlisted in the Spring of 1777 at Sharon for eight months in Captain David Ellmores Company of Continental troops and served seven months and was taken sick and continued sick until the eight months expired. That he afterwards in the month of May 1778 enlisted in the Town of Milton in the County of Herk County in the State of New York, in Captain John Stuntzricks Company in Colonel Dubois fifth New York regiment of Continental troops for nine months and that he served out the said term of nine months and was discharged in the State of New Jersey, which discharge has since been lost. During his last nine months service he was in General Sullivan's Expedition and was marched on said Expedition into the Western part of New York.
He hereby relinquishes every claim, whatever, to a Pension, or an annuity, except the present, and declares that his name is not on the Pension Roll of any Agency in any State,
Sworn and subscribed this 27 th day of October 1832
Cyrus Fillmore
before me James Stryker Judge of Erie County Court
And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier and served as he states.
I, Noah P. Sprague, Clerk of the said Court of Common Pleas, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ 183_____
And I the said Judge do hereby certify & declare my opinion that the said applicant Cyrus Fillmore was a Revolutionary soldier & served as he states.

as he states. And I further certify that the foregoing and the affidavit of Creek Wood Nathan Wood that of Nathan Wood herunto annexed con- tain the original proceedings before me in the matter of the application of the said Cyrus Billmore for a pension.
And I the said Judge do hereby certify that in consequence of the prevalence of the cholera in the City of Buffalo in August last when a Term of the Court of Common Pleas should have been held, the said Court was not held and that on a representation of the peculiar circumstances which rendered it proper the War Department deemed it expedient to authorize permitted me the said Judge to receive pension applications and take testimony thereon until the next Term of the said Court, and that which permission or authority was communicated to me the said Judge on the date of September 21 st 1832.
And I the said Judge do hereby further certify that the foregoing proceedings have been read taken & allowed before me under the virtue of the said permission & authority from the War Department. Given under my hand & seal this 27 th day of October A.D. 1832.
William H. Hildreth Judge of the Court of Common Pleas
Clerk of the county of Erie I, Nathan J. Sprague do hereby certify that the Hon. Daniel Shryock before whom the foregoing proceedings in the matter of the application of Cyrus Billmore for a pension had was on the day of the date thereof and still is a Judge of the County Courts of the County of Erie duly qualified and sworn and that the signatures of the said Judge to the proof of the deposi- tion or declaration of the said Cyrus Bill- more and to the certificate of the said Judge following the same are all the genuine signatures of the said Judge. In testimony whereof I have hereunto set my hand and seal of Office this 12 th day of December 1832.
Nathan J. Sprague Clerk of Erie County
Cyrus Billmore Pension paper 203 3/4

State of New York Erie County Ss. On this 21 st day of August 1847 personally appeared before me Frederick P. Stevens a Judge of the County Court of Common Pleas in and for the County of Erie in the State of New York. Vermina Fillmore a resident of Collins in the County of Erie aforesaid, aged Ninety years last May, who being first duly sworn according to law, doth on her oath, make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 7. 1838, (and all acts passed since the passing of the said Act, and of the joint Resolution of Congress passed on the subject, declaratory of said Act,) entitled "An Act granting half pay and pensions to certain Widows" that she is the widow of Cyrus Fillmore deceased, who was a Revolutionary soldier of the United States, at the rate of Eighty dollars per annum, that he was pensioned under the Act of June 7. 1832 and his pension Certificate was granted or dated May 27 th 1833. She further declares that she was married to the said Cyrus Fillmore on the 22 d day of September A.D. Seventeen Hundred and Eighty one, in the town of New Canaan near Albany in this State, that her Husband, the aforesaid Cyrus Fillmore died on the thirteenth day of February One Thousand eight hundred and forty six, in the said town of Collins, that she was not married to him prior to his leaving the Service, but the Marriage took place prior previous to the first of January Seventeen hundred & ninety four, viz. at the time above stated. She thinks her said husband was out in Service a few days after their marriage. The Applicant has no record of her marriage that her name before marriage was Amalia Sworn to and subscribed on the day and year above written - Before Frederick P. Stevens County Judge of Erie County N.Y.

Erie County
I hereby certify that the widow Semina Dillon the within applicant, cannot from bodily infirmity attend court.
Dated August 21. 1847
Frank Stevens County Judge of Erie County N.Y.

20374
Cyrus Tillmore.
19 th May 79 Full Young 50 711 days
Doc. Branch
Tillmore & Hall Buffalo New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Cyrus Fillmore, Erie county, N. York
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Continued 1776 1 private Capt. Dames Col. Burrell 74 Sharon Connecticut   do 1777 7 Capt. Blume Albany one witness, present at the time, states the other two terms of service.   do 1778 9 Capt. Haverstrand Col. Burrell New York wounded part of New York Scotia New York  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Doc. Group

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (a) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
T. G. Bradford

State of New York Saratoga County ss. Israel Young being duly sworn according to law on his oath says that he was born the 12 th day of July 1781, as appears from his family record, that his father moved to this town, then called Ballstown County of Albany, now Greenfield Saratoga County, in the month of May 1790 from Long Island in this state; the deponent soon afterwards became acquainted with Cyrus Fillmore and his family who resided in the same neighbor- hood, and that the deponent attended the same school with the children of the said Fillmore whose names were Henry, who was about the same age of the Deponent, Luther & William younger children, and that as they attended the same school & studied and recited together the recollections of that period are as perfectly well remembered as incidents of more recent occurrence.
The deponent was frequently at their house and knows that they lived together as husband and wife & had a family of children as above stated previous to January 1794. The Deponent has once made affidavit of his acquaintance with the family of Cyrus Fillmore, and arrives at the date of his first acquaintance with the family from the facts and dates above mentioned, and has of no doubt of the correctness
of — — sworn and subscribed Israel Young the 18 th day of July 1848 Before me — and I certify the Deponent is a Licensed physician, and a man of good character & is entitled to full credit & belief. Divine H. Young Justice of the Peace

State of New-York, } ss. Saratoga County Clerk's Office, }
I, JAMES W. HORTON, CLERK OF THE COUNTY OF SARATOGA, do hereby certify, That Levi H. Young  affidavit whose name is subscribed to the Certificate of proof or acknowledgment of the annexed INSTRUMENT, was, at the time of taking such proof or acknowledgment, one of the Justices of the Peace of the County of Saratoga, dwelling in said county; duly authorized to take such proof or acknowledgment. And that I am well acquainted with the hand-writing of the said Levi H. Young  affidavit and verily believe that his signature to the said Certificate of proof or acknowledgment is genuine. And that said instrument is executed and acknowledged according to the Laws of the State of New-York.
IN TESTIMONY WHEREOF, I have hereunto set my name, and affixed the Seal of said County, this 19th day of July in the year 1848
James W. Horton
Clerk

State of New York Saratoga County ss. John H. Youngs being duly sworn according to law, on his oath says he is seventy four years of age having been born the 16 th of January 1774 as appears from his family record. That he came to Greenfield with his Fathers family in the Spring of the year 1790 as stated by his brother in the foregoing affidavit; and soon after became acquainted with Cyrus Fillmore & his family who resided about a mile from this deponants Fathers House. The Deponent was well acquaint- ed with the family attended the same School with the children of the said Cyrus and recollects his eldest son was named Henry. — Mr. Fillmore and his wife lived together, as husband & wife and had a family of children previous to the year 1794. — Mrs. Fillmore was a reputed sister of a citizen of Greenfield by the name of Ichabod Kneeland —
Sworn & Subscribed the 19 th day of July 1848 Before me, and I certify that I am well acquainted with the above deponent & that he is entitled to full credit & belief —
John H. Young
Jeremiah Wheelock justice

State of New-York, } ss. Saratoga County Clerk's Office, }
I, JAMES W. HORTON, CLERK OF THE COUNTY OF SARATOGA, do hereby certify, That
Jeremiah White  affidavit whose name is subscribed to the Certificate of proof or acknowledgment of the annexed Instrument , was, at the time of taking such proof or acknowledgment, one of the Justices of the peace of the County of Saratoga, dwelling in said county; duly authorized to take such proof or acknowledgment. And that I am well acquainted with the hand-writing of the said Jeremiah Whitlock  affidavit and verily believe that his signature to the said Certificate of proof or acknowledgment is genuine. And that said Instrument is executed and acknowledged according to the Laws of the State of New-York.
IN TESTIMONY WHEREOF, I have hereunto set my name, and affixed the Seal of said County, this 19th day of July in the year 1848 .
James W. Horton.
Clerk.

J. J. Edwards Esq
Buffalo May 31-1849
Comm r . of Pensions
Sir - Your first letter relating to the claim of M rs . of Cyrus Fillmore for Rev d . pension was dated 27. Oct. 1847 requiring further proof.
In Jany. I forwarded additional testimony and a certificate of the Secy. of the Historical Society of Conn. proving enlistment &c. Your 2 d . Letter was dated June 8. 1848 requiring the Secy. of H l . Society to swear to his certificate, and requiring "more certain data than that introduced into their affidavits that they are correct as to the periods referred to in their statements", relating to the marriage relations of the parties. I obtained a sworn certificate of the Secy. of the H l . Society, and additional affidavits proving more clearly the family relations and forwarded Nov. 16 -
I have just rec d . yours of the 28. Instant requiring the widow to make a declaration under the late Acts &c. The widow has been dead for more than a year the date I do not know.
When on a visit to my parents last summer I passed through Saratoga Co. and obtained the affidavits in relation to their marriage I did not know that she was dead. I had moved to Orleans Co. 90 miles from Collins & had not seen any of the family for a long -

If the Certificate had been granted after the death. I cannot see as it would work injury to any as the Children would receive only the amount due up to the date of the death.
On presenting the Surrogates Certificate of the death and the names of the Children will they be intitled to the amount due up to that date — Respectfully Yours Please answer without delay — Samuel Lake

August 14, 1934.
XXXXXXXXXXXXX
Mrs. Hannah B. Smith 146 West Main Street Palmyra, New York
BA-J/ady Cyrus Fillmore or Filmore R.3539
Dear Madam:
Reference is made to your letter relative to Cyrus Fillmore, a soldier of the Revolutionary War.
The data contained herein are obtained from the papers on file in the Revolutionary War claim for pension, R.3539, based upon his military service in that war.
Cyrus Fillmore or Filmore enlisted in Sharon, Litchfield County, Connecticut, February 12, 1776 and served one year as private in Captain David Downs' Company, Colonel Charles Burrall's Connecticut Regiment. He enlisted in the spring of 1777 and served seven months as private in Captain David Elmer's Connecticut Company. He enlisted in May 1778 in Milton, Saratoga County, New York, served nine months as private in Captain John F. Hamtramik's Company, Colonel Lewis DuBoys' Fifth New York Regiment and was in General Sullivan's Expedition.
In 1790 he was living in Greenfield, Saratoga County, New York.
He was allowed pension on his application executed October 27, 1832 at which time he was seventy-four years old and a resident of Aurora, Erie County, New York.
Soldier married September 22, 1781 in New Canaan, near Albany, New York, Jemima Kneeland, who was born in May 1757, place not stated.
Soldier died February 13, 1846 in Collins, New York.
In 1847 his widow, Jemima, was living with her daughter, her name not shown, in Collins, Erie County, New York. Said Jemima died about 1848, place not stated.
Soldier and Jemima, had a family of children, the only

names given were: Henry the oldest son, Luther and William.
Soldier was a relative of Millard Fillmore, degree of relationship not stated.
Ichabod Kneeland, a brother of the widow, Jemima, at one time was a resident of Greenfield, New York. There are no further family data.
Very truly yours
A. D. HILLER Assistant to Administrator

Nov 1996 To
Mrs Mary C Taylor
Rockefeller
1906 June 7 History to L. of.vilgus
1934 Aug. 14 Hist. to Mrs. Hannah
B. Smith. 9-18-34
3589.
P. O.
Emma Tillmore
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

V No 13470 Jemima Fillmore (decd) NY
Lot to Samuel Lake (Oct.) 27/6 1847 Lot to same June 11. 48 to same May 28. 49 to same 12 th Sept 1849 to Anas Joy July 15, 1851.
Oct 7 July 1838

Jemima Tilton
Proof of Marriage

Sam. Lake
Oct 27 '97

Pension Office October 27 1847
Sir
The papers in the case of Termina Fillmore Widow of Sylvanus Fillmore have been examined and filed under the act of 7 July 1838.
A pension was granted to Claimant's husband for an Alleged Service of 12 Mo in 1776 under Capt Downs of Col Burnside's Regiment, and 7 Mo in 1777 under Capt Ellmore of Col. Connelley's and 9 Months in 1778 under Capt Hamtramck of Col Dubois Regiment of the New York Troops. This Service should be sustained by the Records in the Comptroller's Office of these States. And the date of their Marriage should be established by record or documentary proof if such can be obtained. The evidence now before the Department is not satisfactory to establish her husband's Service or the date of their Marriage.
Samuel Lake Esq Albion Orleans Co NY

Hartford, Connecticut
December 21 st 1887
I, Charles Hosmer, as Recording Secretary to the "Connecticut Historical Society" hereby certify that said Society are in possession of document headed "A Pay Role of Cap t David Drown's Comp y being the 1 st Comp y in Col t Charles Burrell's Battallion" — "We the subscribers whose names are underwritten having entered & enlisted ourselves into the Connecticut Battallion raised by virtue of y e Governor's Proclamation dated the 27 th of Jan y 1776 under the command of Colo t Charles Burrell to reinforce the Northern Army, Ack d to have receiv d of Chap t Bull Deputy Pay Master to s d Battallion the sums affixed to our names who signed hereunto for our first months pay bounty pay for blankets and knapsacks as carryed out in the Column of Am t . — Witness our hands March 7 th 1776.", in which is entered the name of Cyrus Fillmore — And opposite thereto, in columns, "Time Enlisted 12 February" — "First months pay & bounty 3.4.0" — "Premium for Arms & Accout s 0.16.0" — "For blankets & knapsacks 0.15.0" — "Am t to each man 4.15.0" — The appearance of the signature is such as to make it impossible to doubt but that it was written by the soldier himself. And the document, being one of several company rolls of the same regiment, from the age, quality, and other marks about the paper and writing, puts its genuineness and authenticity beyond all question.
Chas t Hosmer, Rec. Secy Connecticut Historical Society

Shen Lake May 28. 49

Pension Office May 28 1849
Sir,
The additional evidence in the case of Jemima Fillmore widow of Cyrus Fillmore has been received and filed with her other papers. It is desirable before any further action can be had in this case to know whether or not Mrs Fillmore is at this time alive. If living and she will make a declaration under the Act of 2 July 1848 and joint Resolution of the 1 st July 1848, her claim may probably receive the favorable consideration by this Department.
Samuel Lane Esq. Buffalo N.Y.

Wm H Lane June 5. 48

63 Pension Office June 5 th 1848
Sir,
The additional evidence in the case of Jennima Fillmore wd of Cyrus Fillmore does not meet the requisitions of my report to you of 27 Oct r last. Before the testimony of husband - wife can regard their marriage can be received it must be shown that no record or documentary proof can be obtained. And the witnesses who have testified should show by some date more certain than that introduced into their affidavits that they are correct as to the period referred to in their statements. The Secretary of the Distincted Society should certify under oath as to the evidence of the service of claimant's husband now in  the records in his possession. And it should be shown also by the publicly of Constitutions of New York and Connecticut that the officers under whom Fillmore alleged that he served were in service at the dates referred to in his declaration, which were presented by me in my report.
we have no document in this office
I cannot find the entry Allison Orleans Co NY

Summit Lake Exp. 12 th Sept 1849

308 Pension Office Sept 12 th 1849
Sir
In answer to your letter of the 30 th of May last, in relation to the Claim of Jennema Fillmore (widow of Cyrus Fillmore), I have to state that before a final disposition of her case can be made, satisfactory evidence of the day on which her death occurred must be furnished, and a declaration by some one of the children, to which the Certificate of the Courts in the County in which she resided at the time of her death, stating that satisfactory evidence had been exhibited, showing  as to the date of that event, and giving the name and places of residence of all her children now living, should be adhered
Mr Fillmore's children are entitled to all the  any arrears that may have been due her at her death
Samuel Lake Esq. Buffalo N.Y.

M c Fillmore

Collins Nov. 17. 1847
Col. Edwards Esq Commr. of pensions
Sir I always supposed my Husband Cyrus Fillmore proved his Service when he obtained his Pension by as men by the name of Woods who were acquainted with him and were knowing to his Service -
I have often heard my Husband talk about making proof of his Service and supposed there would be no objections to allowing my Pension on that account
Then were no Records of Marriages required to be kept in this State at the time of our marriage. and having no family record I am not able to furnish any record of our marriage -
In presence of Samuel Lake
Yours &c
Jersey Village Jermain Fillmore

State of Connecticut.
I, JOHN B. ROBERTSON, Secretary of the State of Connecticut, and Keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern: That William N. Matson is, and since the 20th day of June last past hath been a Justice of the Peace within and for the County of Hartford , in said State, duly appointed and commissioned,--having full power and authority by the laws of said State to take the Acknowledgment of Deeds and to certify the same; also to administer Oaths, to take Affidavits and Depositions out of Court, and to give Certificates thereof; and that full faith and credit may and ought to be given to his official acts and attestations.
And I further certify, That I believe the foregoing signature of the said William N. Matson to be genuine.
In testimony whereof, I have hereunto set my hand, and affixed the Seal of said State, at Hartford this 27 th day of July in the year of our Lord one thousand eight hundred and forty-eight.
John B. Robertson Secretary of State.
William N. Matson

Jemima Fillmore Claim for Rev n pension further proof

Hartford Connietical July 27 th 1868
I Charles Hosmer, as Recording Secretary to the Connietical Historical Society, hereby certify, that said Society are in possession of documents headed, "A Pay Roll of Capt. David Downs' Comp y , being the 1 st Comp y in Col. Charles Burrill's Battalion" — "We the Subscribers whose names are underwritten, having entered & enlisted ourselves into the Connietical Battalion, raised by virtue of ye s Governor's Proclamation dated the 27 th of Jan y 1776 under the Command of Col. Charles Burrill, to re- force the Northern Army, acknowledge to have receiv d of Capt. Phill s Deputy to Master to said Battalion the sums affixed to our names who signed hereunto for our first months pay, bounty pay for blankets & knapsacks, as carried out in the Column of amt s Witness our hands, March 7 th 1776." In which is entered the name of Cyrus Fillmore, and opposite thereto in Column "Time enlisted 12 February." "First months pay & bounty 3. 4. 0." "Premium for Arms & Accou t 0. 16. 0" "For blankets & knapsacks 0. 15. 0. Amount to each man 4. 15. 0". The appearance of the signatures is such as to make it impossible to doubt, but that it was written by the Soldier himself and the Document being one of several Company Rolls of the same Reg t from the age quality and other marks about the papers and writing puts its genuineness, and authenticity, beyond all question.
Chas s Hosmer, Rec. Secy
Connietical Historical Society
State of Connietical,
Hartford County S s .
Hartford July 27 th A.D. 1868
Personally appeared before me a Justice of the Peace in & for Hartford County Chas s Hosmer Signer of the foregoing Certificate, to me well known as a person of truth and veracity, and made solemn oath to the truth of the foregoing Certificate by him subscribed
William A. Watson Justice of the Peace

State of New York Secretary's office
I certify that it appears by the Military Register in this office that on the 21 st day of November 1776 John S. Hambrack was a Captain in the Fifth New York Regiment commanded by Colonel Lewis Dubois and was mustered to January 1782. According to the balloting book he belonged to the Second New York Regiment at the close of the war.
And I further certify that on a careful examination of the said Register I found no person returned in the same as an officer or Private by the name of Cyrus Stillmore .
Given under my hand and the seal of this office at the city of Albany the city of Albany the nineteenth day of August A.D. 1848
Arch d Campbell Dep. Sec. of State.

Immina Tullion Antonius Claud
J. B. Edward Ag Cons. of Publishing

Orleans Co. NY
Albion Jan'y 12. 1847
J. L. Edwards Esq.
Sir I have endeavoured to obtain the proof required by your letter of the 27. Oct. relating to the Claim of the Widow of Cyrus Pillsbury. The Comp. of Connecticut from Hartford informs me that there are no rolls of the Companies in his Office & he thinks they are at Washington. He informed me of records of the Historical Society of the State & the enclosed Certificate is all the Record proof we are able to procure as his name is not on the records at Albany or cannot be found. It appears hard to deprive such a woman of the small pension due her, as I suppose her Husband's name was found on the rolls or that he proved his Service. The Secretary of the Society will be qualified to the truth of the contents of his Certificate if necessary but says, he has given many Certificates without oath & that it was not required.
After so long a period witnesses are dead and the Rolls were not always perfect. Soldiers were separated from their Co. by sickness & other causes, & were frequently paid or discharged by other officers than their own. On a review of the case with the record of enlistment &c I hope the claim will be allowed. I suppose the proof that they sustained family relations and had children previous to Jan'y 1794 is proved.
Respectfully Yours Samuel Lake

Amira Fillmore Widow of Cymri Fillmore Revolutionary claim for pension Additional proof Samuel Lake Atty Buffalo N.Y.

Buffalo Nov. 13. 1848
J. L. Edwards Esq
Sir. In your last relating to this Claim dated June 5. 1848 you say "before the testimony of individuals as regards their marriage can be received it must be shown that no Records or documentary proof can be obtained, & the Witnesses who have testified should show by some data more certain than that introduced into their affidavits that they are correct as to the period referred to in their statements."
I herewith forward a second affidavit from one of the witnesses (the other since dead) and another aff. of an older Brother testifying to the required facts and referring to their own family records of their ages and stating circumstances so prominent and interesting in family history as I believe will leave no doubt upon that point. No Records were kept of Marriages in this State and having none, none can be produced. The Certificate from the Historical Society of Conn. proves his enlistment corroborating his own statement, as far as it goes, and the Certificate from the Secy. of State of New York proves that Capt. Hamtramck was in the service at the time stated by Fillmore.
In your letter you also stated "And it should be shown also by the certificates of the Comptrollers of New York and Connecticut that the Officers under whom Fillmore alleged that he served, were in service at the dates referred to in his declaration. — By which I infer that the testimony adduced by him will be allowed if the Officers were in service at the time, I think the certificates herewith enclosed will be satisfactory on that point."
I wrote to the Comptroller of Connecticut for his certificate and received the one from the Historical

which he obtained for me saying that his Office furnished no records, &c.
The old Lady was so much pained on learning that the proof of her Marriage, and and the services of her Husband on which he drew his pension, was suspected that she died later and said she regretted having made application. The Kneeland family is one of the most conspicuous of New England and the Pillsbury are well known during the Revolution and some have not been unknown Mildred Pillsbury is a relation of Cyrus & deceased. On a review of the testimony and that herewith enclosed you will find the claim. Very Respectfully Yours & Samuel Lake

Ch 13470 Terrence Fillmore Ind of Cyrus NY Act 7 July 1838
Mumford pur 4/1794
[Faint, mirrored bleed-through text from the reverse side of the paper]

State of New York
Erie County ss John Bosborough and Charles Bosborough being duly sworn according to law on their oaths say, that they were personally well acquainted with Cyrus Pilkinton of the town of Collins, that he was a Revolutionary Pensioner of the United States and died in said town of Collins on the thirteenth day of February 1846. that they the deponents attended his funeral
Sworn & Subscribed
This 21 st day of August
1847
Benjamin Stevens County Judge of Erie County N.Y.
Chas Bosborough John Bosborough

Note - Mrs. Filimon was absent on a visit east to her children nearly a year during the past summer, and residing with her daughter in Bolting. I hope the claim will be allowed without much delay - Direct to me at William Orleans 60. New York - Samuel Lake Sep 30. 1847
13479 Joanna Filimon Declaration Samuel Lake Atty
ch 13479 Joanna Filimon End of Warrants No Act of July 1838 Mearns March 1794
13479 Joanna Filimon Declaration Samuel Lake Atty

STATE OF NEW YORK, Erie County Clerk's Office. } ss.
I, MOSES BRISTOL, Clerk of said County and of the Court of Common Pleas, thereof, do hereby Certify, that Frederick P. Stevens Esquire, whose name is subscribed to the annexed affidavit , and thereon written, was at the time of taking the same a County Judge of Erie County duly Elected — sworn and acting as such, and further that I am well acquainted with the hand writing of the said Frederick P. Stevens — and verily believe the signature thereto to be his genuine signature.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said Court and County, this 25 day of September 1847.
M. Bristol
CLERK.

State of New York
Saratoga County ss. John Weed being duly sworn according to law on his oath says that he is seventy six years of age and has resided in the town Greenfield in the county of Saratoga 58 years that Cyrus Dillmore was also a resident of this town for many years subsequent to the Revolutionary war. That the said Cyrus Dillmore & wife were Neighbours to the deponent several years previous to the year One thousand seven hundred Ninety four. That they sustained the relations of Husband & wife and had a family of several Children previous to that date. and were considered very respectable Citizens - The Deponent understood that Mrs. Dillmore was a Sister of a Captain Kneeland who was also a citizen of this place. but deponent does not know the Christian names of Mrs. Dillmore or any thing relating to the Marriage of the parties -
Sworn and subscribed This 24 th day of July 1846 Before me -
{ John Weed
John Moorehouse
Justice of the peace
State of New York
Saratoga County ss. Elias Gilbert of the town of Greenfield in said County being duly sworn according to law, on his oath says, that he is seventy six years of age, that he came to this town in May 1795 that Cyrus Dillmore then resided in the town. That he and his wife lived together and sustained the relations of Husband and wife and at the date above mentioned they had a family of Children - The deponent has been informed that Mrs. Dillmore is a Sister of a Captain Kneeland who also resided in this town.
Sworn and subscribed This 24 th day of July 1846 Before me
{ Elias Gilbert John Moorehouse Justice of the peace

State of New York
Saratoga County ss.
Israel Youngs being duly sworn according to law, on his oath says that he is sixty five years of age this month, and came with his father, Daniel into the Town of Greenfield when he was nine years of age. That he the deponent became acquainted with Cyrus Dillmon and wife and family soon after he came into the Town, and knows that they lived together and sustained the relations of Husband and wife several years previous to the year 1794. (Seventeen hundred ninety four) and had previous to that date a family of Children. The names of their Children with whom the deponent was acquainted and associated with, were Henry, Luther & William. The Deponent does not recollect the Christian name of Mrs. Dillmon but knew her to be the sister of Capt. Knowlans who was also a citizen of this town. This part of the County was then called Ballstown.
The Deponent does not know any thing relating to the marriage of the parties, but knew them to be persons of respectability.
Sworn and subscribed this 24 th day of July 1846 Before me
John Morehouse Justice of the peace
Israel Youngs
Saratoga County ss. I certify that I am personally acquainted with Israel Young, Elias Gilbert & John Wedd. That they are respectable citizens and are entitled to full credit and belief.
John Morehouse Justice of the peace

STATE OF NEW-YORK, SARATOGA COUNTY CLERK'S OFFICE, } ss.
I, JAMES W. HORTON, Clerk of said County, do hereby Certify, that John Mershon before whom the annexed Affidavit was taken and whose name is thereunto subscribed, was at the day of the date thereof a Justice of the Peace in and for said County, and duly authorized by law to take the same; and that I am well acquainted with the hand- writing of the said John Mershon and verily believe that his signature to the said Certificate is genuine.
In Testimony whereof, I have hereunto set my hand and affixed the Seal of said County, this Twenty fifth day of July A.D. 1846 James Horton CLERK.

State of New York } On this 11 th day of February in the Onondaga County, ss } year of our Lord One Thousand Eighteen { hundred & thirty two personally appeared before me the under named a justice of the peace of the County of Onondaga Nathan Wood and Enoch Wood of the Town of Camillus, County of Onondaga to me well known being duly sworn deposite & saith that that they was well acquainted with Cyrus Fillmore in the year Seventeen hundred & thirty six and have been acquainted with the said Fillmore every since that time kind of his Enlisting in the State of Connecticut in Litchfield County in a Company Commanded by Captain David Elmer in the Continental Service and served as a private in said Company Eight months in Seventeen hundred & thirty seven and also that the said Cyrus Fillmore served as a private in a regiment Commanded by Colonel Dix of the fifth New York Regiment Nine Months in the year Seventeen hundred & thirty eight & further saith not Subscribed & sworn before me this 11 th day of February 1832 David B. Winton Justice  Enoch Wood Nathan Wood
Onondaga County, ss On this 11 th day of February Eighteen hundred & thirty two personally appeared before me the under named a justice of the peace of said County Nathan Wood who being duly sworn deposite & saith that he was well acquainted with Cyrus Fillmore in the year Seventeen hundred & thirty six the said deponent kind of the said Fillmore Enlisting in a Company Commanded by Captain David Downs in the regiment under Command of Colonel Burrill & served in said Company one year in the year Seventeen hundred & thirty six & further saith not  Nathan Wood  Subscribed & sworn before me this 11 th day of February 1832 D.B. Winton Justice

State of New York } County of Onondaga } p.
I Reuben S. Hoss Clerk of the said County do certify that David B. Winton before whom the within affidavits purport to have been sworn was at the date of the same, one of the Justices of the Peace in and for the said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature.
Witness my hand and seal of Office this 23. day of April 1832.
R. S. Hoss Clerk

July 15, 1851
Arad Joy Ovid, New York.
Sir: In answer to your inquiry of the 22nd of April last, you are informed that no widow is entitled to the benefit of the joint Resolution of the 3rd of March, 1851, who was not living at the date of the passage thereof.
F. S. Evans
Copied, August 16, 1934
AWF. AWF.

RE-ESTABLISHED 1878 BY J. N. MATTHEWS. FIRST ESTABLISHED IN 1846.
CIRCULATION DEPARTMENT. L. W. WILGUS, MANAGER.
BUFFALO MORNING EXPRESS
NOS. 179-183 WASHINGTON ST.
BUFFALO, N. Y.
OWNED BY THE J. N. MATTHEWS COMPANY. GEO. E. MATTHEWS, PRESIDENT. JAMES W. GREENE, EDITOR. WM. M. RAMDELL, PUBLISHER.
May 26/06
Commissioner of Pensions, Wash, D.C.
Dear Sir:—
Referring to attached correspondence will you kindly send me the Revolutionary record of Cyrus Fillmore of New York in case the information is on file in your office.
Yours very truly,
L. W. Wilgus

Palmyra, New York.
Aug 1-1934
Veterans Administration, Washington D.C.
Dear Sirs;
Have you name of Byrum Gillmore, among yr Revolutionary Records; also length of service and where -
Think he went from Conn, as he married Femina Kneeland of Marlboro, Ct. Lived at Milton, Saratoga, N.Y. in 1786.
Respectfully,
Hannah B. Smith Palmyra, N.Y. 146 W. Main St

66 Oxford St., Rochester, N.Y.
Dear Sir,
Cyrus Fillebrown who lived in the town of Collins, Erie Co., N.Y. was a government pensioner by reason of service in the War of the Revolution.
I desire to obtain information as to the

date of his birth and death and the period of his services; also, the capacity in which, and the amount with which, he served.
Will you kindly furnish me with such information concerning the same, as appears on the records in your office?
After his death, his widow, Fanny Cleveland,
has allowed a person to account of his services. Will you kindly give me such information concerning the same as appears upon these records. Yours truly, Henry Carter Langford.

RE-ESTABLISHED 1878 BY J. N. MATTHEWS. FIRST ESTABLISHED IN 1846.
BUFFALO EXPRESS
OWNED BY THE J. N. MATTHEWS COMPANY. GEO. E. MATTHEWS, PRESIDENT. JAMES W. GREENE, EDITOR. WM. M. RAMSDELL, PUBLISHER.
CIRCULATION DEPARTMENT. L. W. WILGUS, MANAGER.
NOS. 179-183 WASHINGTON ST.
BUFFALO, N. Y. MAY 22 1906
Record + Pension Office War Dept Wash, D.C.,
Dear Sirs: -
Will you kindly send me the record of Cyrus Fillmore whose name is found on the Revolutionary Pension roll from Erie County, N.Y.
Yours truly L. W. Wilgus
Not positive as to Erie County but surely N.Y. state.

Slb. Ref-3539 Rev War.
DEPARTMENT OF THE INTERIOR, Bureau of Pensions, Washington, D. C.,
In reply to your request for a statement of the military history of Cyrus Sillmore , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) applications for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sharon Ct.   Feby 96 1 yr - David Downs Burnall Conn.   Sharon Ct.   Spr. 97 8 mos. David Elmer —   Milton N.Y.   May 98 9 mos. John Hamtramck Dubois N.Y.  
Battles engaged in, See Sub Sheet Residence of soldier at enlistment, not stated. Date of application for pension, Oct 27, 1832 - allowed - Residence at date of application, Aurora, Erie Co., N.Y. Age at date of application, 74
Remarks: Sol mar - 22 Sept 1781 New Canaan, N.Y. (Surrendered at Yorktown 19 Oct 1781) in Collins N.Y. Ch - Henry, Luther, Mary. his wife 21 Aug 1847 in Collins, Erie Co., N.Y. as 90 + finally re. for grant of cert. of her death + names of children -
Very respectfully,
Commissioner.